A Study On Restrictions Of Authorization In Collective Management Of Copyright

The copyright collective management system in our China has always been controversial while playing its own function.In recent years,disputes and litigation caused by the issue of authorization in collective management are quite common.There have been different adjudications due to the lack of laws and regulations.Besides the conclusion part,this paper is divided into four parts as follows:The first part is the disputes about the limitation of authorization in the collective management of copyright caused by the third revision of the copyright Law,and the dispute about the adjudication of this issue in the judicial practice of our country.The nature of the contract,and the legality of the right to authorize the non-collective management organization have been brought into focus.The second part is the copyright collective management activities and the analysis of the above-mentioned court judgements.There are three kinds of right sources of copyright collective management organization.The right of collective management organization in our country comes from the authorization of obilgee,and the relationship of the copyright collective management organization and obilgee should be a kind of trust relationship.Collective management of copyright should be distinguished from the copyright agent in terms of the nature of the contract,the scope of the authorization and the scale of the management activities.The third part is the comparison of the overseas experience.At present,two modes of collective management of copyright in the world are the mode of free competition and the mode of monopoly,both of which have their own advantages and disadvantages.The monopoly mode adopted at present in our country is controversial in theory and practice.Actually,whether or not to restrict the authorization in collective management of copyright should be based on the reality of China.In the fourth part,based on the above theory and practice analysis,the view put forward is that the authorization in copyright collective management should be restricted in China.And the rationality of value theory and the maneuverability of practice have been taken into consideration when analysing this issue.Finally,in response to the current judicial practice,the obligee does not have to claim his rights through the collective management organization under the condition of restricting the authorization in the collective management of copyright.